Hello,

I really need some advice on the following scenario and would be grateful for any guidance.

We are managing agents for a landlord who owns a commercial (Industrial) unit.  At one point the property was two units that shared one alarm system.  Over time this has evolved into four units, all still sharing the same fire alarm system.

The fire alarm has become obsolete, and I have been asked to look into this.  The landlord wants to just remove the fire alarm and says this it is now the tenant’s responsibility.  Can he do that?

I have assessed all four units, two of the units are used for storage and office space, one is just storage, but the fourth is for manufacturing (and has welding docks) and office space.

I do not know the fire rating of the plasterboard used when they split the two units on the ground floor, and there appears to be no fire proofing between the units on the lower ground floor, it looks just like hardboard.

I have been looking into getting a slight upgrade on the fire system that was already there. And have requested quotes for a L2 to cover all four units. But the landlord does not want this expense.

As managing agents, we are just responsible for the management  of the exterior of the building and the roof, although we are happy to oversee this alarm install if needed.

Whose responsibility is the fire alarm?  (Tenants or Landlord) 

Has a precedence been set, as the alarm was in situ when the tenants moved in?

Would one shared system across the four units be sufficient?

Additional edit:  The owner would rather ensure the fire protection between the units meets regulations, and then leave it to each tenant, as to whether the want to instal their own fire alalm system

Edited by user 04 August 2023 11:19:59(UTC)  | Reason: provide additional info.

It seems to me that the Responsible Person (RP). for each unit will have responsibility to carry out a FRA and determine what they need in relation to raising the alarm in the event of fire.  The RP will be an employer where there is one.

However, the dividing of the units into four stand alone businesses by the landlord should have been carried out via Building Reg approval and using ADB. This is the landlord's responsibility.

This does not seem to be the case here as parts of the premises put to different uses (different purpose groups in ADB) should be separated by walls of fire resisting construction and NOT hardboard !! I would most definately be asking for LA Building Control certification (or similar) to ensure the building is divided in accordance with ADB, especially with welding taking place in my neighbour's unit!!

Thank you all for your responses.

I’m going to add a few comments below. 

I had checked the lease agreement, but it was very vague! Although it does suggests that the cost could be recoverable from the tenants.

My problem is that the landlord does not want to replace  the fire alarm.  He would rather ensure the walls reach the required fire protection and then tell the tenants to install their own systems. 

I am just unsure if he can do that?

Each tenant has carried out their own FRA, but I don’t have access to them, I have asked the tenants to send me copies, but they have not responded.

And as for PP or change of use applications or certification for the works.  I have a horrible suspicion that none of the above was sort at the time of the works, but I will go back to the landlord and ask again.

Despite the fact that we supplied and managed the fire alarm system up to this point, can we now just tell the tenants that it's now down to them (If we make good on the walls?)

Thanks for your help again

And if I remember correctly (which I don't guarantee), the Building Safety Act will soon amend the Fire Safety Order to include an explicit requirement to share risk assessments with relevant people such as landlords and tenants.